A local authority's contribution of a fair proportion of the reasonable cost of repairing and maintaining a structure beneath a highway, pursuant to a covenant in an agreement made under the Highways Act 1980 s.38, fell to be assessed on the basis of the contribution made, by nature and degree of user of the highway by the public, to the need for the repair or maintenance in question as compared with the contribution made by those using the highway to obtain access to the buildings.

[2005] EWHC 260 (TCC)